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Pair of Attorneys Goes After a Number of Debt Relief Companies While Targeting Jeremy Marcus

By on February 3, 2017

On January 20, 2017 attorneys Chad Van Horn and Nathan DeLadurantey filed a complaint against Jeremy Marcus, Consumer Protection Counsel, Omni Management Partners, Breeze Financial Solutions, Cockburn & Associates, Instahelp America, Credit Health Plan, Aegis Florida, Aegis Legal Center, 321 Financial, 321 Loans, Gregory Fishman, Debt Be Gone, Otto Berges, Berges Law Group, and Kerr Law Group.

That’s quite a collection of debt relief participants. Many of the names I recognize from past articles.

The allegation in the complaint is “the Defendants acting in a concerted manner to sell,
provide, and perform illegal credit repair to consumers.”

It looks like all the entities named in the suit enjoy the lovely Florida weather. The suit identifies the individuals involved as:

“Defendant Jeremy Marcus is an individual with an address of 630 SE 25th Ave, Fort Lauderdale, FL 33301.

Defendant Consumer Protection Counsel, P.A. (“Defendant CPC”) is a Florida company with a principal place of business at 500 E. Broward Blvd, Suite 1710, Fort Lauderdale, FL 33394 and a registered agent of Otto E. Berges, 255 Evernia St. #502, West Palm Beach, FL 33401.

Defendant Omni Management Partners, LLC is a Florida company with a principal place of business of 1410 SW 3rd St., Ste. 800, Pompano Breach, FL 33069, and a registered agent of Seth Ellis, 4755 Technology Way, Suite 205, Boca Raton, FL 33431.

Defendant Breeze Financial Solutions, Inc. is a Florida company with a principal place of business of 1410 SW 3rd St., Ste. 800, Pompano Breach, FL 33069, and a registered agent of Seth Ellis, 4755 Technology Way, Suite 205, Boca Raton, FL 33431.

Defendant Cockburn & Associate LLC is a business with a principal office of 1410 SW 3rd Street, Pompano Beach, FL 33069, and a registered agent of Jeremy Marcus, 1410 SW 3rd Street, Pompano Beach, FL 33069.

Defendant Instahelp America, Inc. is a business with a principal office of 1410 SW 3rd Street, Pompano Beach, FL 33069, and a registered agent of Seth E. Ellis, Esq., 4755 Technology Way #205, Boca Raton, FL 33431.

Defendant Credit Health Plan is owned by Defendant Breeze Financial Solutions, with a principal place of business of 1410 SW 3rd St., Ste. 800, Pompano Breach, FL 33069, and a registered agent of Seth Ellis, 4755 Technology Way, Suite 205, Boca Raton, FL 33431.

Defendant Credit Health Plan provides goods and services of “[c]redit recovery and collection; credit reporting services; credit risk management; evaluation of credit bureau data; financial services, namely, credit repair and restoration.” https://www.trademarks411.com/marks/86793121-credit-health-plan

Defendant Aegis Florida, f/k/a Aegis Legal Center, LLC is a Florida corporation with a principal address of 1451 W. Cypress Creek Rd., Suite 211, Fort Lauderdale, FL 33309, and a Registered Agent of Otto Berges, 1451 W. Cypress Creek Rd., Suite 211, Fort Lauderdale, FL 33309.

Defendant 321 Financial, f/k/a 321 Loans, Inc. (hereinafter “Defendant 321 Loans”) is a Florida corporation with a principal address of 1410 SW 3rd Street, Pompano Beach, FL 33069, and a registered agent of Seth Ellis, 4755 Technology Way, Suite 205, Boca Raton, FL 33431.

Defendant Gregory Fishman is a natural person who owns Debt Be Gone LLC, a Florida corporation with a principal place of business at 900 E. Atlantic Ave., Suite 7, Delray Beach, FL 33483.

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Defendant Debt Be Gone LLC (“Defendant Debt Be Gone”) is a Florida corporation with a principal place of business at 900 E. Atlantic Ave., Suite 7, Delray Beach, FL 33483 and a registered agent of Benjamin P. Zuckerman, Berger Singerman, 2650 N. Military Trail, Suite 240, Boca Raton, FL 33431.

Defendant Otto Berges is a natural person who owns Berges Law Group P.A. and Consumer Protection Counsel, Florida corporations. He has an address of 1551 N. Flagler Dr., No. 1103, West Palm Beach, FL 33401.

Defendant Berges Law Group P.A. (“Defendant Berges Law Group”) is a Florida company with a principal place of business at 4701 N. Federal Hwy, Suite 300 #A10, Pompano Beach, FL 33064 and a registered agent of Otto E. Berges, 1551 N. Flagler Dr., No. 1103, West Palm Beach, FL 33401.

Kerr Law Group is a Florida Company with a principle place of business at 101 NE 3rd Ave., Suite 1500, Ft. Lauderdale, FL 33301 and a registered agent of Robert Kerr, 101 NE 3rd Ave., Suite 1500, Ft. Lauderdale, FL 33301.

The suit lists specific events and allegations about the activities of the entities named. The overall position of the Plaintiffs is:

“The Defendants have agreed to act together to provide unlawful credit repair services.

The Defendants have agreed to act together to provide fraudulent debt relief services.

Defendants have schemed to operate in concert to provide the fraudulent services promised orally and in various contracts, while later performing services that have no ability to fulfill the services contractually promised.

Defendants operate their business out of shared “call center” environments, using shared equipment, computer software, HR resources, management, sales and marketing, and employees. This allows them to “flip” clients between companies, should one of the companies get sued for a violation of the law or bad publicity that requires them to get rid of their clients.

Defendants all know that the services they provided to Plaintiffs are merely churning out form letters that make no legal or rationale sense; and that these form letters are sent by minimally trained employees who are subject to inadequate supervision.

Defendants all know that the services they provide to Plaintiffs do not comport with the promises made during the solicitation and sales of the services to Plaintiffs, but they knowingly accepted money from Plaintiffs. Defendants know that the terms of the contracts would and could not be performed, but they nonetheless made the promises in exchange for money. Defendants had no reasonable belief that the sales and contractual promises made to the clients could be performed. This is because the Defendants are operating together in a civil conspiracy to provide illegal and ineffective credit repair services.”

That’s quite an allegation and the type you normally read in a complaint brought by a state or federal regulator.

You can read the full complaint and the “factual allegations” here.

The complaint appears to specifically target a long-time debt relief industry participant, Jeremy Marcus. The complaint presents information I was unaware of. It says:

“Mr. Marcus is a self-proclaimed debt relief and credit repair expert.

Mr. Marcus has been involved in number debt relief and credit repair scams. This is evident by the fact that he owns and/or operates a number of the Defendants.

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Mr. Marcus has formed dozens of corporations over the years, as new corporate names are needed after the old corporations are either sued, subject to bad publicity, or subject to governmental investigations.

Mr. Marcus is the “mastermind” behind the Defendants, and they operate under his control and direction.

Mr. Marcus uses the Defendants to perpetrate his fraudulent credit repair services on consumers, like the Plaintiffs.

Mr. Marcus runs his corporations with no corporate formalities, instead treating them like alter egos of each other. This is evident by the fact that the corporate shells keep changing, while the services rendered to consumers (like the Plaintiffs) do not.

Mr. Marcus and the Defendants make promises of debt relief and credit repair to the Plaintiffs, while he knows full well that such services will not be rendered.

Mr. Marcus and the Defendants take money from the Plaintiffs while they know full well that they are not providing the services required under the terms of their agreement with the Plaintiffs.

Mr. Marcus regularly engages in the practice of law, and directs companies that provide “legal referral services” under the terms of their agreements with the Plaintiffs.

Mr. Marcus has reaped millions of dollars from his fraudulent credit repair empire; all while knowing that he is defrauding consumers (like the Plaintiffs). Mr. Marcus continues in this pattern and practice of running his ever-changing corporations to evade compliance with the law.

Mr. Marcus is responsible for directing and controlling the affairs of all Defendants, while managing his call center employees that provide substandard services. These services are comprised of harassing their “clients” (like the Plaintiffs) for their monthly payments, while merely sending out form letters that are legal gibberish. Meanwhile, the employees send dispute letters for consumers (like the Plaintiffs) to Experian, Equifax, and TransUnion. This is part of their goal to allegedly improve the consumers (like the Plaintiffs) credit. Mr. Marcus knows that these actions by the Defendants and their employees are doing nothing to actually help consumers (like the Plaintiffs).

Mr. Marcus has engaged in the practice of buying “books” of clients from lawyers that were previously providing debt relief services. Some of those lawyers include Buttermore and Associates, Legal Helpers Debt Resolution, Wites and Kapatan, and Otto Berges. After illegally buying clients (because as a non-lawyer, Mr. Marcus can’t practice law), Mr. Marcus harasses the individuals into signing a new contract.”


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About Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

5 Comments

  1. Kim Berry

    June 9, 2017 at 10:33 pm

    Can someone give us a number to call if we have been scammed? It’s been 3 weeks and still no answer they say someone will call but no one does
    Kim

  2. Norma Alexander

    June 2, 2017 at 12:46 pm

    What does this mean for people like me that paid hundreds of dollars to these thieves?

  3. bob

    February 3, 2017 at 3:24 pm

    this is great I have to reach out to the attorneys. TAKE the fraud company DOWN!!!!!!!!

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